{"id":193,"date":"2026-05-23T14:07:31","date_gmt":"2026-05-23T14:07:31","guid":{"rendered":"https:\/\/movingservicesamerica.com\/?p=193"},"modified":"2026-05-23T14:07:31","modified_gmt":"2026-05-23T14:07:31","slug":"a-gutted-education-departments-new-agenda-roll-back-civil-rights-cases-target-transgender-students","status":"publish","type":"post","link":"https:\/\/movingservicesamerica.com\/?p=193","title":{"rendered":"A Gutted Education Department\u2019s New Agenda: Roll Back Civil Rights Cases, Target Transgender Students"},"content":{"rendered":"
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In California, the federal government was deep into an investigation of alleged racial discrimination at a school district where, a parent said, students called a Black peer racial slurs and played whipping sounds from their cellphones during a lesson about slavery. Then the U.S. Department of Education in March suddenly closed the California regional outpost of its Office for Civil Rights and fired all its employees there. That investigation and others went silent.<\/p>

Read more Help Us Report on How the Department of Education Is Handling Civil Rights Cases<\/a><\/p>\n

In South Dakota, the OCR abruptly terminated its work with a school district that had agreed to take steps to end discrimination against its Native American students. The same office that helped craft the agreement to treat indigenous students equally made a stunning about-face and decided in March that helping Native American students would discriminate against white students.<\/p>\n

During its first 100 days, as the Trump administration has dismantled the Education Department, one of its biggest targets has been the civil rights arm. Now, Education Secretary Linda McMahon is \u201creorienting\u201d what\u2019s left of it.<\/p>\n

Part of that shift has been ordering investigations related to the administration\u2019s priorities, such as ending the participation of transgender girls and women in girls\u2019 and women\u2019s sports. After hearing that a transgender woman from Wagner College in New York competed in a women\u2019s fencing tournament at the University of Maryland last month, the head of the OCR launched a special investigation into both schools and threatened their access to federal funding.<\/p>\n

Through internal memos and case data, interviews with more than a dozen current agency attorneys, and public records requests to school districts and other targets of investigations across the country, ProPublica has documented how the Trump administration has radically reshaped the OCR.<\/p>\n

Only 57 investigations that found a civil rights violation and led to change at a school or college were completed in March, ProPublica has learned. Only 51 were resolved by finding violations in April. The Biden administration completed as many as 200 investigations a month.<\/p>\n

\n<\/div>\n

Leadership under President Donald Trump also has made it easier for the OCR to drop discrimination complaints quickly. In March, 91% of cases closed by the office were dismissed without an investigation, and 89% were dismissed outright in April, according to internal case data obtained by ProPublica. Typically, 70% of cases are dismissed because they don\u2019t meet criteria to warrant an investigation.<\/p>\n

With more than half of the Education Department\u2019s civil rights offices closed and the division reduced to a fraction of its former staff, families\u2019 pleas for updates and action have gone unheard. One OCR attorney, who asked not to be named for fear of retaliation, told ProPublica that their caseload went from 60 to 380 as they absorbed cases previously handled by employees who worked in offices that had been closed. Some remaining employees have not been able to access documents, voicemail and email of fired employees.<\/p>\n

As with civil rights divisions in other federal agencies that the Trump administration has fundamentally altered, the OCR has worked for decades to uphold constitutional rights against discrimination based on disability, race and gender.<\/p>\n

\u201cOCR is the most useless it\u2019s ever been, and it\u2019s the most dangerous it\u2019s ever been. And by useless, I mean unavailable. Unable to do the work,\u201d said Michael Pillera, who until recently was an OCR attorney in Washington, D.C. He is now with the Lawyers\u2019 Committee for Civil Rights Under Law.<\/p>\n

Investigating cases that allege racism, discrimination based on sexual orientation or mistreatment of students with disabilities now requires permission from Trump appointees, according to a memo from OCR leadership. As a result, thousands of discrimination investigations are idled, even ones that were nearing a resolution when Trump took office again.<\/p>\n

\u201cI thought we were somewhere, and now we are back to square one because they are closed,\u201d said K.D., the mother of the Black California student who said her daughter has been called racial epithets by her classmates. She emailed the agency more than a month ago to try to get an update on the investigation, but said the agency has not responded. ProPublica is identifying her by initials to protect her child\u2019s privacy. \u201cI never would have imagined that something so essential would go away,\u201d she said.<\/p>\n

Education Department spokespeople did not respond to questions and requests for comment sent over several weeks about changes in the civil rights division.<\/p>\n

The OCR attorney who said they are working through 380 cases said the job is now \u201cimpossible.\u201d<\/p>\n

\u201cThe people who remain are doing all they can. We\u2019re doing all we can. But it isn\u2019t enough, and it keeps us up at night,\u201d they said.<\/p>\n

Another OCR attorney who, like others, asked not to be named for fear of retaliation, said the administration\u2019s new vision for civil rights enforcement has harmed families.<\/p>\n

\u201cWe were sort of the last bit of hope for them,\u201d he said, \u201cand now they\u2019re calling and emailing and saying, \u2018Hey, I thought you all were going to help me.\u2019\u201d<\/p>\n

A Shadow Division<\/h3>\n

The arduous, grinding work undertaken by OCR attorneys is starkly different from the high-speed investigations that the Education Department announces in press releases every few days.<\/p>\n

\n<\/div>\n

The OCR, historically one of the government\u2019s largest enforcers of the Civil Rights Act of 1964, has been known for being a neutral fact-finder. Its investigators followed a process to determine whether complaints from the public met legal criteria for a civil rights claim, then carried out investigations methodically.<\/p>\n

\n

Help Us Report on How the Department of Education Is Handling Civil Rights Cases<\/h3>\n

We want to better understand how changes at the Office for Civil Rights are affecting students, families and school communities. If you have recently submitted a civil rights complaint or have a pending case, please get in touch.<\/p>\n<\/div>\n

The vast majority of investigations were based on discrimination complaints from students and families, and a large share of those were related to disability discrimination. The inquiries typically took months and, in complex cases, years. The lengthy investigations sometimes were a source of criticism. The agency didn\u2019t share details of the investigations until they were completed, and the agreements often involved federal oversight going forward.<\/p>\n

Investigations being publicized now have largely bypassed the agency\u2019s civil rights attorneys, according to Education Department employees. McMahon and OCR head Craig Trainor created what amounts to a shadow division.<\/p>\n

The Trump administration has ordered more than a dozen investigations in the past three months on its own, not initiated by an outside complainant. These \u201cdirected investigations\u201d are typically rare; there were none during President Joseph Biden\u2019s administration.<\/p>\n

The investigations have targeted schools with transgender athletes, gender-neutral bathrooms and initiatives that the administration views as discriminatory to white students. OCR attorneys told ProPublica they\u2019ve been given prewritten letters, which they\u2019ve reluctantly signed, to send to targets of these investigations. Some letters describe transgender girls as \u201cbiological males,\u201d which is ideologically pointed language that OCR attorneys say they\u2019ve never used before.<\/p>\n

\u201cThey\u2019re blowing through past precedents, past practices, best practices,\u201d said Catherine Lhamon, who led OCR under former Presidents Barack Obama and Biden and departed the office in January. \u201cAnd they\u2019re not even attempting to appear like neutral arbiters of the law.\u201d<\/p>\n

In a first, McMahon and Trainor created ways to divert complaints and investigations away from the OCR\u2019s legal experts entirely. The administration made an \u201cEnd DEI\u201d portal that bypasses the traditional online complaint system and seeks only grievances about diversity, equity and inclusion in schools. Unlike the regular complaint system, the diversity portal submissions are not routed to OCR staff.<\/p>\n

\u201cWe have no idea where that portal goes, who it goes to, how they review the cases. No idea,\u201dsaid the attorney who said he struggles with being unable to help families. \u201cThat avoids us interfering with the games they\u2019re trying to play, if they silo off the real civil rights lawyers.\u201d<\/p>\n

McMahon then announced a \u201cTitle IX Special Investigations Team\u201d last month to work with the Department of Justice and appointed Trainor to it. It launches its own investigations into schools that include transgender girls in athletics.<\/p>\n

In an internal memo to the new team that was obtained by ProPublica, Trainor defined the special team\u2019s purpose: \u201cTo effectively and efficiently address the increasing volume of Title IX single-sex sports\/spaces cases, expedite those investigations and resolutions, and collaborate seamlessly with DOJ to conclude investigations that go to DOJ for enforcement.\u201d<\/p>\n

There\u2019s no indication that more complaints related to transgender students are coming from the public, according to internal case data. Last month, in what appears to be the first case assigned to the Title IX team, the group notified the University of Maryland and Wagner College that it would investigate each school. The investigation began after Fox News and other media reported about a fencing tournament at the University of Maryland in which a transgender player from Wagner competed. Trainor signed the notification letters himself, a departure from Lhamon\u2019s practice.<\/p>\n

A Wagner College spokesperson declined to comment. A University of Maryland spokesperson declined to comment about the investigation but said the tournament, while on the university\u2019s campus, was run by USA Fencing.<\/p>\n

\n<\/div>\n

The public used to be able to see what the OCR was investigating. But an online database that is supposed to list all investigations underway hasn\u2019t been updated since Trump took office.<\/p>

Read more The Department of Education Forced Idaho to Stop Denying Disabled Students an Education. Then Trump Gutted Its Staff.<\/a><\/p>\n

At that time, about 12,000 pending investigations were listed. Among them were two related to a family\u2019s complaints that their California school district discriminated against students with disabilities, including by barricading them inside what it called a \u201creset\u201d room. But then the OCR closed its California office and fired its employees.<\/p>\n

\u201cAll work came to a halt. They stopped responding. Nothing was being done to stop the practice and protect kids,\u201d Genevieve Goldstone, the parent of the Del Mar Union School District student who filed the disability discrimination complaint, said in an interview. \u201cMy federal complaints were meant to protect more kids and stop the abuses in the district.\u201d<\/p>\n

The district said it could not comment on the pending investigation but said it participated in more than a dozen interviews with an OCR attorney. It also said it conducted its own review of the allegations and determined that they were unsubstantiated.<\/p>\n

OCR attorneys say they have been repeatedly blindsided by public announcements about policy changes and investigations. To find out what Trainor and McMahon have launched on their behalf, they check the Education Department\u2019s website daily for press releases.<\/p>\n

Those statements sometimes quote Trainor preemptively saying a school \u201cappears to violate\u201d civil rights law. The attorneys worry they will have no choice, despite what their investigations uncover, but to find against schools that have already been excoriated by the department publicly.<\/p>\n

For example, in a press release announcing an investigation into a transgender athlete participating in girls\u2019 track and field in Portland Public Schools in Oregon, Trainor said, \u201cWe will not allow the Portland Public Schools District or any other educational entity that receives federal funds to trample on the antidiscrimination protections that women and girls are guaranteed under law.\u201d<\/p>\n

A third current OCR attorney, who asked not to be named for fear of losing her job, said the administration is misinterpreting civil rights law. \u201cIt\u2019s subverting our office, or weaponizing it in these ways, without following our process,\u201d she said.<\/p>\n

Conservative groups with complaints about diversity or transgender students have been able to file complaints directly with Trainor and get quick results \u2014 another norm-breaking way to operate outside of the OCR\u2019s protocol.<\/p>\n

America First Legal, a group founded by Trump deputy chief of staff Stephen Miller that considers itself the \u201canswer to the ACLU,\u201d emailed Trainor a few days after Trump\u2019s \u201cEnding Radical Indoctrination in K-12 Schooling\u201d executive order. The order directs schools to stop teaching about or supporting diversity, equity and gender identity.<\/p>\n

\u201cAFL respectfully requests that the Department of Education open investigations into the following public-school districts in Northern Virginia for continuing violations of Title IX,\u201d the letter read, listing five districts that have policies welcoming to transgender students.<\/p>\n

Senior leadership in Washington opened the cases the following week. America First issued a press release headlined \u201cVICTORY.\u201d The group declined to comment further.<\/p>\n

\n<\/div>\n

Backtracking on Civil Rights<\/h3>\n

Remaking the OCR isn\u2019t just about increasing caseloads and reordering political priorities. The Trump administration now is taking steps to roll back OCR\u2019s previous civil rights work.<\/p>\n

Last month, Trump issued an executive order that directs all federal agencies, including the Education Department, to stop enforcing cases involving policies that disproportionately affect certain groups \u2014 for example, when Black students are disciplined more harshly than white students for the same infractions or when students with disabilities are suspended more than any other group even though they represent a small percentage of student enrollment.<\/p>\n

Trump\u2019s order requires the agencies to \u201cassess all pending investigations, lawsuits, and consent judgements\u201d that consider disproportionate discipline and \u201ctake appropriate action.\u201d Complaints made to the OCR that students were unfairly disciplined could be thrown out; existing enforcement actions or monitoring of schools that had disciplined students disproportionately could be revoked.<\/p>\n

The OCR under Trainor did this in Rapid City, South Dakota \u2014 even before the executive order. About a year ago, the office had signed an agreement with Rapid City Area Schools after an investigation found that the district\u2019s Native American students were disciplined far more harshly than white ones. They also were kept from enrolling in advanced courses.<\/p>\n

The OCR said that when speaking with an investigator, the superintendent of schools at the time said that Native American students in her district had higher truancy rates because they operated on what she termed \u201cIndian Time.\u201d She said, too, that they don\u2019t value education, according to the investigation\u2019s findings.<\/p>\n

The former superintendent, Nicole Swigart, denied saying any of that.<\/p>\n

\u201cI recognize those comments are horrendous,\u201d Swigart said in an interview with ProPublica. She noted that the OCR investigation was opened in 2010 and that she first spoke to an investigator in 2022. \u201cI\u2019m not lying when I say I didn\u2019t say it. I didn\u2019t say it, and I don\u2019t know where it came from.\u201d<\/p>\n

In the agreement with the OCR, the district promised to examine its practices and make things right; the OCR would monitor its progress. The district also brought in a new superintendent.<\/p>\n

But last month, the OCR abruptly terminated that agreement, based on its differing interpretation of civil rights law. The OCR\u2019s new view is that equity and diversity efforts discriminate against white students. It was, in the view of agency attorneys, the most severe breach of the OCR\u2019s mission and methods to date. There was no public announcement.<\/p>\n

\u201cNative students in Rapid City just lost a layer of protection,\u201d the Lakota People\u2019s Law Project announced on Facebook. \u201cNative students are still being pushed out of classrooms and denied opportunities.\u201d<\/p>\n

Darren Thompson, who is Ojibwe, said the OCR\u2019s decision to abandon the agreement was \u201canother cycle of the federal government failing to uphold its promises.\u201d<\/p>\n

\u201cAnd this time, they are partisan, political,\u201d said Thompson, who works for the nonprofit Sacred Defense Fund affiliated with the Lakota group in Rapid City.<\/p>\n

\n<\/div>\n

In response to questions from ProPublica, the school district said it has completed much of the work \u2014 including broader access to educational opportunities and an improved behavior tracking process \u2014 and plans to continue it even without federal oversight. But it also said this week that under the OCR\u2019s new directives, \u201cwe must shift our approach.\u201d The district did not elaborate on what will change.<\/p>\n

It\u2019s unclear whether the OCR has ended agreements with other districts or colleges. Education Department spokespeople did not respond to questions from ProPublica.<\/p>\n

Pushing Back<\/h3>\n

Some subjects of the OCR\u2019s new directives and investigations have capitulated. A school district in Tumwater, Washington, that Trainor targeted for allowing a transgender basketball player from an opposing team to compete responded by voting to support the state athletic association excluding trans players altogether.<\/p>\n

But some are pushing back.<\/p>\n

Denver Public Schools was the first target of one of Trainor\u2019s \u201cdirected investigations\u201d in late January \u2014 over the existence of one all-gender, multistall bathroom on one floor of a Denver high school. According to communication obtained by ProPublica through public records requests, the district called out the OCR for \u201ccontinuing to take a different approach with this case without explanation, a case with no complainant who is awaiting any form of relief or remedy.\u201d<\/p>\n

Kristin Bailey, a Denver Public Schools attorney, wrote to an OCR supervisor that the way the investigation is being handled \u201cappears to be retaliatory.\u201d<\/p>\n

Since February, at least half a dozen lawsuits have been filed to try to stop the dismantling of the Education Department and its civil rights functions \u2014 among them, suits by Democratic state attorneys general and from the National Education Association and American Federation of Teachers. A recent suit by the Council of Parent Attorneys and Advocates on behalf of children and their parents \u2014 all of whom have pending complaints alleging discrimination \u2014 claims they\u2019re suffering from the OCR\u2019s \u201cabandonment\u201d of its core mission.<\/p>\n

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Read More<\/h3>\n
\n
\n\n
\"\"<\/figure>\n <\/div>\n
\nThe Trump Administration\u2019s War on Children<\/strong>\n<\/div>\n<\/div>\n<\/div>\n

The NAACP also sued the department, McMahon and Trainor, citing the \u201cEnd DEI\u201d portal and seeking a halt to such anti-diversity efforts. And the Victim Rights Law Center, representing students and parents, sued to try to restore what has been cut from the OCR so the agency can fulfill its mandate. It noted that under McMahon and Trainor, \u201ccherry-picked investigations appear to be the only matters the Department is currently pursuing.\u201d Those lawsuits are pending. The government has argued in the NAACP lawsuit that the group lacks standing, and in the other it has not filed a response.<\/p>\n

Several OCR attorneys told ProPublica that they hope these groups and school districts continue to push back. In the meantime, they said, they will continue to try to work on behalf of the public to uphold the nation\u2019s civil rights laws.<\/p>\n

\u201cI have to keep putting one foot in front of the other, helping the people I can help, and keep my eye on the long game,\u201d said a fourth OCR attorney. \u201cHopefully we\u2019re still here and can help rebuild in the future.\u201d<\/p>

Read more A Teacher Dragged a 6-Year-Old With Autism by His Ankle. Federal Civil Rights Officials Might Not Do Anything.<\/a><\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

The Trump administration is subverting the traditional priorities of the department\u2019s decimated civil rights office by making discrimination investigations practically impossible \u2014 instead enforcing its own anti-diversity campaign.<\/p>\n","protected":false},"author":1,"featured_media":191,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[13,10],"class_list":["post-193","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-education","tag-education","tag-trump-administration"],"yoast_head":"\nA Gutted Education Department\u2019s New Agenda: Roll Back Civil Rights Cases, Target Transgender Students - Moving Services America<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/movingservicesamerica.com\/?p=193\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"A Gutted Education Department\u2019s New Agenda: Roll Back Civil Rights Cases, Target Transgender Students - 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